Court No. - 50
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 13059 of 2021 Applicant :- Arun Rao And 6 Others Opposite Party :- State Of U.P And Another Counsel for Applicant :- Dhiraj Singh Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record.
This anticipatory bail application has been filed on behalf of the applicants seeking anticipatory bail in Case Crime No. 56 of 2021, under Sections - 147, 188, 332, 353, 427, 269 I.P.C. and Section - 7 Criminal Law Amendment Act, 1932 and Section - 3 Prevention of Damage to Public Property Act, 1984 and Section- 3 Epidemic Act, 1987 and Section - 51(b) Disaster Management Act, 2005, Police Station - Bhalauni, District - Deoria, during pendency of trial.
Obviously, no good ground for granting anticipatory bail is made out, for the reason that claim of the applicants is basically on merits. However, considering the entirety of the case at this stage, it is trite law that in cases where punishment up to 7 years is prescribed, then protection of Section - 41 (1) Cr.P.C. is available to the applicant. The court or the police, as the case may be, shall act in consonance with the spirit of the same.
If the applicants have any grievance, they may seek regular bail before the appropriate forum.
With the aforesaid observation, the instant anticipatory bail application is disposed of.
It is made clear that nothing has been observed by this Court on merits.
Order Date :- 29.7.2021 S Rawat